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Ch7-when do they take a surrendered vehicle?

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PissedOregonian

Junior Member
What is the name of your state? OR

I am filing a chapter 7 tomorrow. I am surrendering my car...I am very backward in the loan and it's just not worth keeping.

My question is: when do they come for the car? Is it done before or after the meeting of creditors? I know that there is an automatic stay involved- does the automatic stay prevent them from coming to snatch it before the meeting of creditors?

Just to be clear: I'm not trying to keep the car. I am not hiding the car. I know they are taking it. I just want to know so I can figure out how much time I need to arrange for another (borrowed) vehicle.

Also, my ex husband is on the loan. He is not filing bk. The car was awarded to me in our divorce. If they come take it tomorrow (or before the meeting of creditors), can they repo it by repoing it "from him" because he is not filing?

Thanks
 


bigun

Senior Member
They must first file for relief from stay before they repo. When they do so, it'll be granted quickly.
You really need to park the car and get other transportation arranged.
Since your ex is on the loan and Oregon is a community property state, they can go after him for a deficiency balance post bk. A bk filing halts all collection activity. A prudent creditor will just file for relief from stay before proceeding with a repo.
 

Who's Liable?

Senior Member
On top of that, you should have included your ex as a creditor... As stated before, the owner of the loan will go after your husband since his name is on the loan, and he in turn will come after you...
 

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